Zoom webinar during Woman's Month hosted by Advocate Muhammad Abdurof - Child Custody and Relocation Below the video are some of the questions posed by the registrants that were not answered during the webinar held on 21 August 2020 at 11:00, hosted by Advocate Muhammad Abduroaf. Q: The father has only been paying half the maintenance - he was only covering the minor schooling. Now he has decided to study full time and stopped paying the minor school fees. The minors Contract at school has been terminated and is currently not attending school. I am unable to find a school at this time since half the year is gone. I am currently filing a maintenance application. A: We presume that there is no maintenance order in place. If that is the case, approaching the maintenance court is the correct thing to do. It sounds unreasonable for the father to only pay half the maintenance. The same applies to him stopping paying school fees. The court would listen to both sides and decide what is a fair amount for the father to pay despite him deciding not to work. If there is a court order in place, the court should enforce ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Durban? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Durban, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...

Child Custody Law in South Africa What exactly is child custody? Child custody refers to the legal order or instruction by the court to the parents of their child/children. The term Custody on its own, simply means to care or protect for. Hence child custody is concerned with the protection and care of a child by the parents. When it comes to the Children’s Act in South Africa, your legal expert/professional will tell you that the Act aims to have the child’s best interest in place. With that being said, the Act covers a number of legal aspects and rights regarding the child. Attorneys (Lawyers), Advocates and other legal professionals, will make use of the Act to ensure that they are doing things legally correct. The Children’s Act can be applied to parents, grandparents, aunties, uncles, teachers and so forth. Sole Guardianship Sole guardianship refers to one parent having full custody of the child. Some may interpret this wrongly and think that the other parent will no longer be able to see the child. This is not the case. It is however, commonly understood that the mother is usually awarded sole custody. This too, is no longer the case. Should ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Cape Town? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Johannesburg, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Pietermaritzburg? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Pietermaritzburg, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...

Parents with Mental illnesses in child custody and care matters in South Africa Biological parents are the ones who have parental responsibilities and rights over their children. Not grandparents, aunts, uncles and so on. Parental responsibilities and rights refer to caring, maintaining and acting as guardian for the child, to mention a few. Mothers automatically have parental responsibilities and rights of care, contact and guardianship, and fathers may either have it or acquire it. This depends on the facts of the case. The obligation to maintain your child however always applies. Various factors are looked at when deciding what is best for a child Having said the above, how parents exercise their parental responsibilities and rights would differ from case to case, especially if the parents are not living together. In such a case, various factors and circumstances will be looked at in determining what is best for the child. As would be seen later, in the case of a dispute in relation to how separated and divorced parents should exercise care and contact, expert advice needs to be considered. What this article deals with is how to resolve the issue of parental responsibilities and rights of care and contact ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Pretoria? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Pretoria, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...

Family Law Service - Advocate Muhammad Abduroaf - Finding the best lawyer for you. Choosing the right law firm (Attorney or Advocate) can be a daunting task in the intricate landscape of legal matters. Whether you're facing a complex litigation case, navigating corporate law, or seeking legal assistance for personal issues, the decision of which law firm to engage is crucial. At the firm Advocate Muhammad Abduroaf, we understand the significance of this decision, and we aim to demonstrate why choosing our firm can make all the difference. Expertise and Specialisation One of the primary reasons for choosing our law firm is our expertise and specialisation in diverse legal areas. As you can see from this website, advocate Muhammad Abduroaf practices in various fields of law. This breadth of expertise ensures that no matter the nature of your legal issue, you will have access to knowledgeable and experienced professionals who can provide tailored solutions. Personalised Approach We recognise that every client and every case is unique. That's why we prioritise a personalised approach to legal representation. From the moment you engage our services, we take the time to understand your specific needs, concerns, and objectives. This allows us to develop ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Kimberley? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Kimberley, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...

What are child custody disputes? Read some questions and answer from mother and father. Child custody disputes are one aspect of family law that keeps both lawyers and the courts busy. Although child custody disputes may seem simple in the eyes of the outside observer, it is not always so for the parties involved.  Parents care much more for their children than they do for worldly things.  Therefore, should they experience problems concerning their children, it often causes a lot of anxiety and stress. Below are some questions mothers and fathers usually pose online when it comes to child custody disputes. Feel free to pose your questions below. What are the rights of an unmarried father to his children? Fathers of children born out of wedlock do not automatically have rights towards their children. For you to form part of such a child’s life you need to fulfil the requirements of section 21 of the Children’s Act, which in short states: At the time of the child’s birth, you are living with the mother in a permanent life-partnership; and You contribute or have attempted in good faith to contribute to the child’s upbringing for a reasonable period; You contribute or ...

Child Relocation, Passports, Custody, Surname Change, and the High Courts – Simplified What does Child Relocation, Passport disputes, Custody issues, and surname changes have in common? They are all matters which a court of law resolves if the parties cannot do so. Other than child custody issues that can be resolved by the Children’s Court, disputes in relation to Child Relocation, Passport Disputes and Surname changes for minor children are dealt with in the various Provincial High Courts in South Africa where the child ore parties reside. Much has been written in this website regarding child custody, relocation of minor children, and passport disputes. They have however not been dealt with simultaneously in one article. This is what this article intends to do. It basically provides the intertwined application of the law. With the rise in relocation and disputes regarding care and contact in South Africa, this article would be useful for many parents. However, if you wish to view some of the articles already written on the aforementioned topics, feel free to click on the following links: - Minor children born out of wedlock – Whose surname should they have? - Passport Application for my child. I cannot find ...

Parental Child Abuse in Child Custody Matters This article is connected to the topic Child Custody and Visitation Court Applications. It may be useful to read up on it before proceeding to read further. Otherwise, read on to find out more about parental child abuse and the legal aspects surrounding it. Parental Child Abuse is a common occurrence in our society. This article does not deal with the merits or demerits of parental child abuse. However, it gives light on this aspect in a child custody case. What are the common forms of child abuse? Child abuse can take many forms. This includes physical, emotional, sexual or psychological abuse. Each case may be different. However, the common theme, in a child custody situation would be that the child is being detrimentally affected by the parent's conduct. Therefore, should a parent beat the child, neglect the child, or cause harm to the child, it would be seen as abuse. What happens in cases of child abuse? Of course, in extreme cases of abuse, such parent would be refused contact completely. This is especially in the case where the child would be traumatized should he or she have contact with the parent ...

Child Custody battles. What are the frequently asked questions mothers and fathers pose when it comes to children disputes? Our courts are inundated with child custody matters. Parents who were once in love and supportive of each other, now find themselves embroiled in a very sensitive and emotional legal battle. The question that is posed; who can best care for the minor child? Is it the mother or the father? Should things remain the same, or is a change warranted. As you would see below, when deciding on where a child should primarily reside, the court would need to determine what is best for the child. The court is hardly concerned with the wishes and preferences of the parents. Their interests are secondary. However, the court has to consider all factors. That includes the domestic situation of both parents and their ability to care for the child. I am worried about my child custody case. How can a father lose a child custody battle? A father will lose a child custody battle if he cannot prove that it is in the child’s best interest that he has custody over the child concerned. It is important when either parent wants a ...

Child custody for fathers During our years of experience in dealing with child custody battles, we have found it common for fathers fighting for child custody and wanting to know more about their legal rights. Unfortunately, a father paying child maintenance will not be guaranteed full child custody of a child. For more on father’s rights in child custody, click on the links below and read our free, expert legal advice article on how to go about your legal rights as a father. Child custody visitation access- questions and answers Child custody frequently asked questions Father refused contact to his child. What are his rights? Father's parental responsibilities and rights to his child. How do I get full custody over my child? Parental child abuse in custody cases- Cape Town What does it mean when you have primary residential custody? What happens in a case custody dispute when one parent is mentally ill? Feel free to call our law offices on 021 424 3487, or our national number on 087 701 1124 if you’re residing out of Cape Town. We are conveniently situated in the heart of the buzzing CBD at The Pinnacle, Suit 702, 7th floor, corner of Strand and Burg ...

How do I obtain contact, custody or visitation to my child? I need some advice and assistance. Issues of child custody, visitation or guardianship rights are usually difficult for parents to deal with. Parents have an inherent right and duty to form part of their child's lives. Here we refer to parental rights and responsibilities.  However, it often happens that parents of a child cannot see eye to eye as to what is in their child's best interests. More often than not, when parents are divorced, separated, or not living together, issues arise regarding the children they share. And then there is the case where parents want full custody over their children. These issues may range from the amount of contact the other parent may have, the school the child may attend, or what extra-mural activities the child should pursue. Either way, should parents not be on the same page, outside help may be required. Read on to find out more about the law, factors and your rights. With some advice, your situation may become easier. What are Parental Responsibilities and rights to a child? Know your rights: The terms used to refer to the rights and responsibilities of parents ...

I am concerned about my niece's wellbeing. Is it possible for me to obtain rights of custody and guardianship over her? The parents are still alive but divorced. We often receive enquiries from family members of minor children wanting to know whether they can obtain rights of custody or guardianship over a minor child. The client could be a grandmother, an aunt, or in some instances, a former step-parent. Let us take you through a scenario where an aunt wishes to obtain sole custody and guardianship over a minor child. Should you be an interested party wishing to obtain parental responsibilities and rights over a minor child; feel free to contact us for a legal advice consultation. The scenario: The minor child is being primarily cared for by the paternal aunt The parents of a minor child, age 16, are married and living together. The minor child, who is in grade 10, frequents the home of her paternal aunt. The parents live very busy lives, and often have to travel overseas on separate business trips for extended periods. The minor child sometimes doesn’t see her parents for weeks on end. Nonetheless, she is well cared for by her aunt, during ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Johannesburg? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Durban or in Johannesburg, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time. Strategic ...

Frequently Asked Questions on Child Custody - Cape Town We hold a wealth of knowledge on family legal matters, in relation to South African law. This includes issues and questions surrounding child custody, divorce and child maintenance. Feel free to browse through the question and answers below. Should you not find the answer to a child custody question you are looking for, feel free to post your divorce question here. For more questions on child custody, visit this page. Can you change the baby's last name without the father's consent? No, you require his consent. If he does not want to give consent, then you may approach a court of law. This answer is based on the presumption that the father has parental responsibilities and rights over the child. Do I have parental rights if I am not on the birth certificate? Yes, it is possible that you have. How do you change your last name on your birth certificate? You need to apply to the Department of Home Affairs. How do I apply for child maintenance in South Africa? You should approach the maintenance court. Can you change your child's surname? Yes, you can. Both parents should consent. How ...

Best Attorneys, Advocates, and lawyers to assist you in your Court Custody matter. When is the best time to get them involved in your case? When dealing with a family law matter, it is essential that you obtain the best legal advice possible. And in this regard, the best attorney, lawyer, or advocate for you. Not necessarily the most expensive or experienced. This is so as we are dealing with your children, that require the best care and protection. Child custody, child guardianship, visitation and care are all interrelated. However, they all have one underlying principle: the child's best interests. If parents cannot agree on what is in the child's best interest, Attorneys, Advocates, lawyers, and the Court may get involved. Your legal representative needs to be on the same page as you. What do child custody, child guardianship, visitation and care relate to? The terms child custody, child guardianship, visitation and care relate to a child's life in relation to a parent, caregiver or interested party. However, if you are a caregiver, your conduct would directly affect various aspects of the minor child's life. These include daily care, education, medical treatment, and overseas visits. This article attempts to address ...

Family Law Legal services - Child custody, divorce and child maintenance Our family law consultancy have a range of family law legal services for your convenience. Our specialized legal services are child maintenance, child custody and divorce. To top it off, we are situated in the heart of the buzzing CBD at Suit 702, 7th Floor, The Pinnacle, corner of Strand and burg Street, Cape Town, South Africa. Feel free to visit us at our offices in a safe, central setting and enjoy professional, confidential, legal consultations at its best. Our specialized legal services are: Child Maintenance Ante-nuptial Contact Change Matrimonial Property Regime Child Adoption Child Custody and Access Domestic Violence Protection Family Trust Registration Fast Unopposed Divorces Non-Compliance with maintenance orders Parenting Plans Postnuptial Contract Registration Pre-nikkah Agreement Should any of the above legal services interest you, feel free to call our offices on 021 424 3487 and have our receptionist make an online appointment for you. Child custody and legal advice… Like any other family legal matter, child custody involves a number of factors. When it comes to the legal aspect, the Children’s Act is used as a guideline on how to go about parental legal rights. We’ve found ...

Dear Advocate Abduroaf. My child custody case is very complicated. How do I find the best child custody lawyer, attorney or advocate for my case in Bloemfontein? A great child custody lawyer (attorney or advocate) is a legal practitioner who specializes in family law and has expertise in handling cases related to child custody and visitation rights. Family law matters can be very emotionally challenging for both parents. The same applies to the child concerned. Whether you live in Cape Town or in Bloemfontein, the law applicable would be the same throughout South Africa. Here are some qualities and characteristics that can define a great child custody lawyer, or the best one for your case: Experience and Expertise: Specialization in family law, particularly child custody cases. Proven track record of successfully handling similar cases. Knowledge of Family Law: In-depth understanding of family law. Awareness of recent legal developments and changes in family law. Communication Skills: Effective communication skills to clearly articulate your case in court. Ability to negotiate and mediate to reach favourable settlements. Compassion and Empathy: Understanding and empathy towards the emotional challenges involved in child custody disputes. Ability to provide emotional support to clients during a difficult time ...

Child Maintenance and Child Custody Difficulties in light of the National Lockdown - (COVID-19) Host: Felicity An Guest (Child Maintenance Difficulties SA) Panel: -Muhammad Abduroaf (Advocate) – www.ourlawyer.co.za/advocate -Nicole Lawrence (Attorney) - Attorney & Director of Nicole Lawrence Attorneys, Cape Town [email protected] 071 456 9105 (Firm cell number) -Ayesha Karim (Attorney) - Director at Ayesha Karim Attorneys- Durban (KZN) [email protected] -Dr. Lesley Ann Foster – Woman’s Rights International – www.masimanyane.org.za ...